Legal Question in Real Estate Law in New Jersey

Condominium law vis a vis separate buildings in one condo association

Our condo is comprised of two completely separate buildings - 3 units each - joined by a common courtyard and walkway. I live in the front building in the largest unit and have the highest assessment - 25%. All condo repairs for the past 5 years have been to the back building which is fast becoming a money pit. Little reserves remain for repairing the roof on the front building, etc. Can the condo by laws be revised so that the owners only pay for repairs to the building they live in and to the common areas but not to the other building? If the back building collapses I am looking at covering 25% of the rebuildig and repairs and I don't even live in it! Meanwhile the condo fees don't go to keeping the front building in a state of good repair. Question 1 - is it constitutional to amend the bylaws in this way? 2-what would be involved in doing this? 3 - if the back building collapses or requires $100,000 in repairs to walls and roof, is that considered common area and do I have to come up with $25k? Where in my condo bylaws should I look for answers or for guidance? 4- would a real estate attorney be able to negotiate this for me?

Thank you! Cynthia Nikitin


Asked on 12/23/07, 3:20 pm

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: Condominium law vis a vis separate buildings in one condo association

Without reading the By-Laws or other documents on the governance of the complex and voting procedures, only a general response is offered. These documents specify how meetings are called, agendas are created, voting procedures, etc. You must follow the procedures and format required. Usually, the Board holds regular meetings, sets the agenda, allows changes to be proposed and then calls for a vote. Do the documents involved specify that all maintenance applies to both buildings, or do they allocate portions to each building? Are some of the items general (like snow removal) and are some building specific? If you could get me copies of the pertinent documents (Condominiam Declaration, By-Laws, Rules, etc.), I could review them and possibly offer a solution.

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Answered on 12/24/07, 11:36 am


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